STATUTES, PROCLAMATIONS, RULES, ORDERS, ETC. 361 



XL. And be it further enacted by the Authority aforesaid, That 

 all Penalties and Forfeitures herein before mentioned, which shall 

 be incurred in Great Britain, shall and may be prosecuted, sued foi, 

 and recovered in any of his Majesty's Courts of Record at Wes! 

 minster, or in the Court of Exchequer in Scotland respectively; and 

 (all necessary Charges for the Recovery thereof being first deducted) 

 shall be divided and applied, one Moiety to and for the Use of his 

 Majesty, his Heirs and Successors, and the other Moiety to the Seizor 

 or Prosecutor. 



XLI. And it is hereby further enacted and declared, That from 

 and after the twenty-ninth Day of September one thousand seven 

 hundred and sixty-four, all Sums of Money granted and imposed by 

 this Act, and by an Act made in the twenty-fifth Year of the Reign 

 of King Charles the Second, intituled, An Act for the Encouragement 

 of the Greenland and Eastland Trades, and for the better securing 

 the Plantation Trade, as Rates or Duties; and also all Sums of Money 

 imposed as Penalties or Forfeitures, by this or any other Act of Par- 

 liament relating to the Customs which shall be paid, incurred or re- 

 covered, in any of the British Colonies or Plantations in America; 

 shall be deemed, and are hereby declared to be Sterling Money of 

 Great Britain, and shall be collected, recovered and paid, to the 

 Amount of the Value which such nominal Sums bear in Great Britain; 

 and that such Monies shall and may be received and taken according 

 to the Proportion and Value of five Shillings and six Pence the Ounce 

 in Silver; and that all the Forfeitures and Penalties inflicted by this 

 or any other Act or Acts of Parliament relating to the Trade and 

 Revenues of the said British Colonies or Plantations in America, 

 which shall be incurred there, shall and may be prosecuted, sued for, 

 and recovered, in any Court of Record, or in any Court of Admiralty, 

 in the said Colonies or Plantations where such Offence shall be com- 

 mitted, or in any Court of Vice Admiralty which may or shall bo 

 appointed over all America (which Court of Admiralty or Vice 

 Admiralty are hereby respectively authorized and required to pro- 

 ceed, hear, and determine the same) at the Election of the Informer 

 or Prosecutor. 



XLIL And it is hereby further enacted, That all Penalties and 

 Forfeitures so recovered there, under this or any former Act of Par- 

 liament, shall be divided, paid, and applied as follows; that is to say. 

 After deducting the Charges of Prosecution from the Gross Produce 

 thereof, one third Part of the Net Produce shall be paid into the 

 Hands of the Collector of his Majesty's Customs at the Port or Place 

 where such Penalties or Forfeitures shall be recovered, for the Use 

 of his Majesty, his Heirs and Successors ; one third Part to the Gov- 

 ernor or Commander in chief of the said Colony or Plantation ; 

 218 and the other third Part to the Person who shall seize, inform, 

 and sue for the same; excepting such Seizures as shall be made 

 at Sea by the Commanders or Officers of his Majesty's Ships or Ves- 

 sels of War duly authorized to make Seizures ; one Moiety of which 

 Seizures, and of the Penalties and Forfeitures recovered thereon, first 

 deducting the Charges of Prosecution from the gross Produce thereof, 

 shall be paid as aforesaid to the Collector of his Majesty's Customs, 

 to and for the Use of his Majesty, his Heirs and Successors, and the 

 other Moiety to him or them who shall seize, inform, and sue for the 

 same; and Law, Custom, or Usage, to the contrary notwithstanding, 



